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Hammer O'Justice, Criminal Lawyer

Category: Criminal Law

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Experience: 10 years legal experience, primarily in criminal law

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I was arrested in New Jersey on Feb. 26, 2009, arraigned (not

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I was arrested in New Jersey on Feb. 26, 2009, arraigned (not guilty) on March 13, 2009, on a criminalcomplaint listing 3 2C: (NJ) felonies. In New Jersey, how long does the prosecutor have to go before the grand jury to seek a true bill of indictment on criminal complaint? At what point can I seek a dismissal of all charges based on due process of law (and the right to a fair and speedy trial based on US Constitution? If prosecutor does go before grand jury within prescribed time, how, when will I be informed of a true bill or no bill? At present, I'm pro se since have not been noticed of any true bill or no bill as of yet.

If you were arraigned, you should have already been indicted. Under New Jersey law, arraignment has to take place within 50 days of an indictment. So if you were arraigned, it is likely that the true bill was filed and that the arraignment was notice of that.
http://www.judiciary.state.nj.us/rules/r3-9.htm

If what you are speaking of was actually a first appearance rather than an arraignment, the prosecution has up until the statute of limitations to file charges and get an indictment. The length of the statute of limitations varies depending on the charges, but it is at least a year.

You should seek counsel immediately, either by hiring one or applying for the public defender. If you were already arraigned, adversarial proceedings have begun and you are entitled to one. If you were not arraigned post-indictment, you are entitled to have counsel at your arraignment. As soon as you receive notice of a true bill, you should apply for a lawyer's services.

Your New Jersey speedy trial rights require that you be brought to trial within 180 days; however, the time for this doesn't usually start running until you are arraigned after your indictment.

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